February 2012
In this paper, Nicholas Gould considers some of the basic principles relating to bonds in the construction industry. By its nature, therefore, this paper briefly compares formal security to informal security such as bonds and guarantees before then examining unconditional on-demand bonds and conditional bonds.
January 2012
Nicholas Gould’s seminar note serves as an introduction to insurance and focuses on those issues raised by construction insurance, which may be considered under three main parts. First, the fundamental principles of insurance and the general classes of construction insurance. Second, the types of insurance available in the construction industry and some specific aspects arising from construction insurance. Finally, insurance under the standard forms.
November 2011
Peter Collie, in a paper given at the latest Fenwick Elliott Construction Law Update Seminar, reviews the Defective Premises Act looking at what damages are recoverable under the Act, specifically focusing on claims for loss of rent.
September 2011
In this paper, Nicholas Gould sets out an outline of the key issues relating to time, delay and liquidated damages. It provides a framework for some of the important legal issues arising in relation to construction contracts in respect of commencement and completion, the obligation to progress a programme of works, extension of time provisions, notices and conditions precedent. The role of the contract administrator is also briefly considered as is the test to be applied when considering and assessing and extension of time. Global claims are mentioned, as is concurrent delay and float.
July 2011
In this paper, Nicholas Gould reviews professional liability with a particular emphasis on modern project management practice. In reality, this means a traditional form of forward thinking construction professionals (quantity surveyors, now commercial cost managers, or some other derivation, building surveyors, architects, engineers) that have expanded into the area of project management and those acting as employer’s agents (there are of course those who have qualified as project managers (PM) or taken a masters degrees in the subject).
July 2011
As Nicholas Gould explains, the services offered by Project Managers vary considerably, as do the qualifications and experience of the people putting themselves forward for this role. There is no defined group of services for them to undertake and only a limited number of standard form contracts for their performance. The purpose of Nicholas' paper, therefore is first to explain, by reference to certain standard forms and professional bodies what the typical role and services of a project manager are. Second, he looks at the limited number of legal cases involving project manages, including Pozzolanic Lytag Ltd v Bryan Hobson Associates and Palermo Nominees Pty Lt v Broad Construction Service Pty Ltd, to see what the courts have had to say about those responsibilities.
 | Jeremy Glover Tel: +44 (0)20 7421 1986 jglover [at] fenwickelliott [dot] com (Email Jeremy) |
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